header-logo header-logo

Out with the old

05 March 2009 / Mark Hoyle , Cecily Crampin
Issue: 7359 / Categories: Features , Legal services , Procedure & practice , Costs
printer mail-detail

Mark Hoyle & Cecily Crampin discuss multinational enforcement of new judgments on old debts

Enforcing a judgment against fraudsters can be a long litigious battle, especially when the sums involved are large, and the fraudsters have the world in which to hide their assets.

A recent decision in the Commercial Court has sharpened a sword in the enforcement armoury. Although little known, it has long been law that a judgment creditor can sue on his debt within the limitation period to produce a new, enforceable judgment. Mr Justice Teare's decision in Kuwait Oil Tanker Company SAK & another v Al Bader & others [2008] EWHC 2432 (Comm), [2008] All ER (D) 165 (Oct) has demonstrated that this method is particularly appropriate in cases of fraud, especially when enforcement is a multinational pursuit.

A history of fraud

The action in Kuwait Oil Tanker Company SAK v Al Bader has its origins in the Iran–Iraq war, and attacks by both countries on merchant shipping in the Gulf.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll